In this article
When you are due to inherit from someone’s estate, waiting can be hard, especially when months pass with little news. It helps to know what is normal, what your rights are, and where the line falls between an estate that is simply taking time and an executor who is genuinely failing in their duties. This guide explains the position in England and Wales, and the calm, proportionate steps you can take if you are worried.
How long should an executor take? The executor’s year
As a general rule, an executor is expected to begin distributing an estate within twelve months of the death, a guideline known as the “executor’s year”. It is not a strict legal deadline, and an executor cannot be forced to distribute before the year is up. Equally, there is no fixed deadline by which administration must be finished: a complex estate, or one involving a property sale, inheritance tax, or a dispute, can legitimately take longer than a year. What the law does require is that an executor does not delay *unreasonably*. Delay must have a justifiable reason behind it.
What are your rights as a beneficiary?
As a beneficiary, you are entitled to expect the estate to be administered properly and within a reasonable time, and to receive what the will leaves you. You should normally be told that you are a beneficiary, though there is no set timeframe for that notification. If you are a residuary beneficiary, someone entitled to a share of what is left after debts, taxes and specific gifts, you are entitled to see the estate accounts, which show the assets, the debts, and how the estate has been dealt with. Beneficiaries receiving a fixed cash sum or a specific item are usually paid before residuary beneficiaries receive their share.
Can you see the will?
Not always straight away. Before probate is granted, the will is a private document, and the executor is not obliged to show it to you, which surprises many people and causes a good deal of friction. Once probate has been granted, however, the will becomes a public document. Anyone can obtain a copy from the Probate Registry through the GOV.UK service to find a will or probate record, for a small fee. So if relatives are refusing to share the will, the position usually resolves itself once the grant is issued. Our guide to whether probate is needed explains when a grant is required in the first place.
When is a delay normal, and when is it a problem?
Most delays are normal and have a good explanation. Common, legitimate reasons include waiting for probate itself (the Probate Registry can take several months), selling a property before the estate can be distributed, resolving an inheritance tax position with HMRC, tracing a missing beneficiary, or dealing with a claim against the estate. An executor who keeps you reasonably informed, and can explain what is outstanding, is almost certainly doing their job.
The warning signs are different in character: an executor who will not communicate at all, who cannot or will not account for what they have done, who appears to be using estate money for themselves, or who is selling assets at an undervalue. The distinction that matters is not how long things are taking, but whether the delay has a reasonable explanation and whether the executor is being open about it.
Can you claim interest on a late legacy?
Yes, in one specific situation. If you have been left a fixed cash sum, a pecuniary legacy, and it has not been paid within one year of the death, you become entitled to interest on it. The rate is usually the rate payable on judgment debts, currently 8% per year. This gives executors a real incentive to pay cash legacies promptly, and it is worth knowing if your legacy has been outstanding for more than a year.
What can you do about a delaying executor?
If you are genuinely concerned, the sensible approach is to escalate in proportion to the problem, starting with the simplest step:
- Ask. Write to the executor, ask for an explanation of the delay and what remains to be done, and request an update. Most concerns are resolved at this stage.
- Request the estate accounts. If you are a residuary beneficiary, ask to see the accounts showing how the estate has been handled.
- Apply for an inventory and account. If the executor will not account voluntarily, a beneficiary can apply to the Probate Registry for an order requiring them to produce a formal inventory of the estate and an account of their dealings.
- Apply to remove or replace them. Where there is serious wrongdoing or the executor simply will not act, you can apply to court to have them removed and someone else appointed.
Some of these steps involve a court application and a court fee, you can estimate the latter with our court fees calculator. Taking advice before you escalate is wise, because the right step depends on the facts.
Can an executor be removed?
An executor can be removed by the court, but the bar is higher than many people expect. Crucially, you cannot have an executor removed simply for being slow, even if administration has run well past the executor’s year. Removal, under section 50 of the Administration of Justice Act 1985, generally requires something more: serious misconduct, a conflict of interest, dishonesty, incapacity, or a refusal to act at all. Where an executor has caused financial loss to the estate through a breach of their duties, they can also be held personally liable for that loss. These are significant steps, and the court’s focus is always on what is best for the proper administration of the estate.
How we help
Our inheritance disputes team advises beneficiaries across South Wales and the South West who are concerned about how an estate is being handled, from simply getting answers and accounts out of an executor, through to removing one where that is justified. We also act for executors facing complaints. If you would like to understand more about what the role of an executor actually involves, our guide comparing DIY probate and using a solicitor sets out their duties and responsibilities. To talk through your situation, request a callback and we will come back to you.
A note on figures: the fees and figures in this article are correct as at the date of publication shown on this article. Court fees, taxes and other charges change from time to time, so please check the current figures with the relevant official source before relying on them.
Frequently asked questions
Am I entitled to see the will?
Not until probate is granted. Before then the will is private and the executor does not have to show it to you. Once probate is granted the will becomes a public document, and anyone can obtain a copy from the Probate Registry for a small fee.
How long does an executor have to pay beneficiaries?
Executors are generally expected to start distributing within twelve months of the death, known as the executor's year. There is no fixed deadline to finish, but they must not delay without a reasonable explanation.
Can I claim interest if my legacy is paid late?
If you were left a fixed cash sum and it is not paid within a year of the death, you become entitled to interest on it, usually at the judgment-debt rate of 8% per year. This applies to cash legacies rather than a share of the residue.
Can an executor be removed just for being slow?
No. Slowness alone is not enough, even beyond the executor's year. Removal by the court requires something more serious, such as misconduct, dishonesty, a conflict of interest, incapacity, or a refusal to act at all.